# M K Ranjitsinh & Ors v. Union of India & Ors - **Citation:** 2024 INSC 280 - **Court:** Supreme Court of India - **Decided:** 2024-03-21 - **Case number:** Civil Appeal No. 3570 of 2022 - **Bench:** Dr. Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra - **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/m-k-ranjitsinh-ors-v-union-of-india-ors-37736 - **Pages:** 41 ## Headnote Conservation and protection of the endangered species of the Great Indian Bustard (GIB). Headnotes Environment - Rapid and steady decline in the population of the Great Indian Bustard (GIB) - Apart from various other factors, attrition of the existing population of these endangered birds was partly attributed to overhead transmission lines - Vide order dtd. 19.04.2021, a Committee was appointed for assessing the feasibility of laying high voltage underground power lines; direction was also issued imposing blanket prohibition w.r.t the installation of transmission lines for the distribution of solar power in a large territory and it was directed that in cases where overhead power lines existed as on date in the priority and potential GIB areas, steps be taken to install bird diverters pending consideration of the conversion of overhead power lines into underground power lines - Order implemented by the Committee - Modification of the directions sought by Ministry of Environment, Forests, and Climate Change, Ministry of Power and the Ministry of New and Renewable Energy: Held: The GIB is seriously endangered as a species - However, there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres - Reasons due to which it is not feasible to convert all transmission lines into underground power transmission lines, enumerated - While balancing two equally crucial goals, the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand, it is necessary to adopt a holistic approach which does not sacrifice [2024] 3 S.C.R. 1321 M K Ranjitsinh & Ors. v. Union of India & Ors. either of the two goals at the altar of the other - The delicate balance between the two aims must not be disturbed - Rather, care must be taken by all actors including the state and the courts to ensure that both goals are met without compromising on either - Furthermore, the decision on whether to convert the overhead power transmission lines into underground lines is a matter of environmental policy - While adjudicating writ petitions which seek reliefs which are of the nature sought in the present case, this Court must conduct judicial review while relying on domain experts - Order passed by this Court on 19.04.2021 modified - A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court vide said order need recalibration - Expert Committee constituted, remit stated - Directions contained in the aforesaid order substituted - Union of India and the concerned ministries to implement the measures described aimed at conserving the critically endangered GIB - Committee to complete its task and submit report. [Paras 52, 60, 62, 64, 66, 70, 72] Environment - India's obligations, commitment under international conventions towards preventing climate change and tackling its adverse effects - United Nations Framework Convention on Climate Change; Kyoto Protocol; Paris Agreement - Key features of India's commitment - Discussed. Environment - Importance of solar power as a source of renewable energy - National Solar Mission; National Mission for Enhanced Energy Efficiency, National Mission for a Green India; National Mission on Strategic Knowledge for Climate Change - Urgent need to shift to solar power - Discussed. Environment - Right to a healthy environment; Right to be free from the adverse effects of climate change - Constitution of India - Articles 14, 21, 48A, 51A(g): Held: Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns - However, this does not mean that the people of India do not have a right against the adverse effects of climate change - Importance of t ## Text _Characters 0–39,931 of 93,010. This is a partial read: ask again with offset=39931 for what follows._ * Author [2024] 3 S.C.R. 1320 : 2024 INSC 280 M K Ranjitsinh & Ors. v. Union of India & Ors. (Writ Petition (Civil) No. 838 of 2019) 21 March 2024 [Dr. Dhananjaya Y Chandrachud,* CJI, J B Pardiwala and Manoj Misra, JJ.] Issue for Consideration Conservation and protection of the endangered species of the Great Indian Bustard (GIB). Headnotes Environment - Rapid and steady decline in the population of the Great Indian Bustard (GIB) - Apart from various other factors, attrition of the existing population of these endangered birds was partly attributed to overhead transmission lines - Vide order dtd. 19.04.2021, a Committee was appointed for assessing the feasibility of laying high voltage underground power lines; direction was also issued imposing blanket prohibition w.r.t the installation of transmission lines for the distribution of solar power in a large territory and it was directed that in cases where overhead power lines existed as on date in the priority and potential GIB areas, steps be taken to install bird diverters pending consideration of the conversion of overhead power lines into underground power lines - Order implemented by the Committee - Modification of the directions sought by Ministry of Environment, Forests, and Climate Change, Ministry of Power and the Ministry of New and Renewable Energy: Held: The GIB is seriously endangered as a species - However, there is no basis to impose a general prohibition in regard to the installation of transmission lines for the distribution of solar power in an area about 99,000 square kilometres - Reasons due to which it is not feasible to convert all transmission lines into underground power transmission lines, enumerated - While balancing two equally crucial goals, the conservation of the GIB on one hand, with the conservation of the environment as a whole on the other hand, it is necessary to adopt a holistic approach which does not sacrifice [2024] 3 S.C.R. 1321 M K Ranjitsinh & Ors. v. Union of India & Ors. either of the two goals at the altar of the other - The delicate balance between the two aims must not be disturbed - Rather, care must be taken by all actors including the state and the courts to ensure that both goals are met without compromising on either - Furthermore, the decision on whether to convert the overhead power transmission lines into underground lines is a matter of environmental policy - While adjudicating writ petitions which seek reliefs which are of the nature sought in the present case, this Court must conduct judicial review while relying on domain experts - Order passed by this Court on 19.04.2021 modified - A blanket direction for undergrounding high voltage and low voltage power lines of the nature that was directed by this Court vide said order need recalibration - Expert Committee constituted, remit stated - Directions contained in the aforesaid order substituted - Union of India and the concerned ministries to implement the measures described aimed at conserving the critically endangered GIB - Committee to complete its task and submit report. [Paras 52, 60, 62, 64, 66, 70, 72] Environment - India's obligations, commitment under international conventions towards preventing climate change and tackling its adverse effects - United Nations Framework Convention on Climate Change; Kyoto Protocol; Paris Agreement - Key features of India's commitment - Discussed. Environment - Importance of solar power as a source of renewable energy - National Solar Mission; National Mission for Enhanced Energy Efficiency, National Mission for a Green India; National Mission on Strategic Knowledge for Climate Change - Urgent need to shift to solar power - Discussed. Environment - Right to a healthy environment; Right to be free from the adverse effects of climate change - Constitution of India - Articles 14, 21, 48A, 51A(g): Held: Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns - However, this does not mean that the people of India do not have a right against the adverse effects of climate change - Importance of the environment, as indicated by Article 48A, Article 51A(g) of the Constitution of India, becomes a right in other parts of the Constitution - Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the 1322 [2024] 3 S.C.R. Digital Supreme Court Reports equal protection of laws - These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change - Despite a plethora of decisions on the right to a clean environment, some decisions which recognise climate change as a serious threat, and national policies which seek to combat climate change, it is yet to be articulated that the people have a right against the adverse effects of climate change - This is perhaps because this right and the right to a clean environment are two sides of the same coin - As the havoc caused by climate change increases year by year, it becomes necessary to articulate this as a distinct right - It is recognised by Articles 14 and 21 - Further, the right to health (a part of the right to life under Article 21) is impacted due to factors such as air pollution, shifts in vector-borne diseases, rising temperatures, droughts, shortages in food supplies due to crop failure, storms, and flooding - If climate change and environmental degradation lead to acute food and water shortages in a particular area, poorer communities will suffer more than richer ones - The right to equality would undoubtedly be impacted in each of these instances - There is a right to be free from the adverse effects of climate change - While giving effect to this right, courts must be alive to other rights of affected communities such as the right against displacement and allied rights - India faces a number of pressing near-term challenges that directly impact the right to a healthy environment, particularly for vulnerable and indigenous communities including forest dwellers - The importance of prioritizing clean energy initiatives to ensure environmental sustainability and uphold human rights obligations cannot be understated - The right to a healthy environment encapsulates the principle that every individual has the entitlement to live in an environment that is clean, safe, and conducive to their well-being - It is imperative for states like India, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment. [Paras 19, 20, 24, 25, 27, 34, 35] Environment - Climate change litigation in other jurisdictions - United Nations Framework Convention on Climate Change - Global trends in climate change litigation - Role of Courts in such litigation - Highlighted. Environment - Intersection between climate change and human rights - Discussed. [2024] 3 S.C.R. 1323 M K Ranjitsinh & Ors. v. Union of India & Ors. Case Law Cited M.C. Mehta v. Kamal Nath [2000] Supp. 1 SCR 389 : (2000) 6 SCC 213; Virender Gaur v. State of Haryana [1994] Supp. 6 SCR 78 : (1995) 2 SCC 577; Karnataka Industrial Areas Development Board v. C. Kenchappa [2006] Supp. 2 SCR 362 : (2006) 6 SCC 371; Bombay Dyeing & Mfg. Co. Ltd. (3) v. Bombay Environmental Action Group [2006] 2 SCR 920 : (2006) 3 SCC 434; Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. [2008] 9 SCR 165 : (2008) 13 SCC 30; Apparel Export Promotion Council v. A.K. Chopra [1999] 1 SCR 117 : (1999) 1 SCC 759 - referred to. The State of the Netherlands (Ministry of Economic Affairs and Climate Policy) v Urgenda Foundation, HR 20 December 2019 ECLI:NL:HR:2019:2006; Committee on the Rights of the Child, Sacchi et al. v. Argentina et al. (dec.), Committee on the Rights of the Child, 22 September 2021, CRC/C/88/D/104/2019; Ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation and Employment [2015] NZSC 107 - referred to. Books and Periodicals Cited M. Burger and J. Wentz (eds.), Climate Change and Human Rights, UNEP: December 2015, p.11, 19; J.H. Knox, Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, Human Rights Council, of 24 January 2018; o D.R. Boyd, Statement on the human rights obligations related to climate change, with a particular focus on the right to life, 25 October 2018, p. 2 -8; J Setzer and R Byrnes, 'Global Trends in Climate Change Litigation: 2023 Snapshot', London School of Economics and Political Science, (2023); D Bodansky, 'The Paris Climate Change Agreement: A New Hope?' (2016) 110 American Journal of International Law, 288; Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention on Human Rights, as amended), art 2; M. Wewerinke-Singh, State Responsibility, Climate Change and Human Rights 1324 [2024] 3 S.C.R. Digital Supreme Court Reports under International Law, Oxford etc.: Hart 2019, pp. 108-109 and 130 - referred to. List of Acts Constitution of India; Wild Life (Protection)Act 1972, Water (Prevention and Control of Pollution) Act 1974, Air (Prevention and Control of Pollution) Act 1981, Environment (Protection) Act 1986, National Green Tribunal Act 2010; Energy Conservation Act 2001; Electricity Act 2003; Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022. List of Keywords The Great Indian Bustard; Endangered species; Overhead transmission lines; Blanket prohibition; Solar power; Conservation of the environment; Environmental policy; Domain experts; Expert Committee; Climate change; Right to be free from the adverse effects of climate change; International conventions; Kyoto Protocol; Paris Agreement; Greenhouse gas emissions; Renewable energy; Fossil fuels; Non-fossil fuels; Right to a healthy environment; Right to equality; Indigenous communities; Forest dwellers; Clean environment; Right to life; Right to health; Human rights and Environment; Climate obligations under international law; Clean energy initiatives; Environmental sustainability; Environmental protection; Sustainable development; Global warming; Carbon footprint. Case Arising From CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No. 838 of 2019 (Under Article 32 of The Constitution of India) With Civil Appeal No. 3570 of 2022 Appearances for Parties Shyam Divan, Prashanto Chandra Sen, Sr. Advs., Ms. Sonia Dube, Ms. Kanchan Yadav, Ms. Anshula L Bakhru, Ms. Surbhi Anand, Arpith Jacob Varaprasad, Ms. Muskan Nagpal, Tanishq Sharma, Ms. Saumya Sharma, M/S. Legal Options, Advs. for the Petitioners. R. Venkataramani, AG, Ms. Aishwarya Bhati, A.S.G., Shiv Mangal Sharma, Saurabh Mishra, A.A.Gs., M.G. Ramchandran, Dr. Manish [2024] 3 S.C.R. 1325 M K Ranjitsinh & Ors. v. Union of India & Ors. Singhvi, Ranji Thomas, Sr. Advs., Gurmeet Singh Makker, Ms. Ruchi Kohli, Ankur Talwar, Shyam Gopal, Ms. Chinmayee Chandra, Ms. Swarupama Chaturvedi, Chitvan Singhal, Raman Yadav, Kartikay Aggarwal, Abhishek Kumar Pandey, Ms. Ameya Vikrama Thanvi, Mukesh Kumar Singh, Ms. Nidhi Jaiswal, Saurabh Rajpal, Ms. Shalini Singh, Sandeep Kumar Jha, Milind Kumar, Ms. Deepanwita Priyanka, Mahfooz Ahsan Nazki, Rahul Chitnis, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat Bagla, Sourav Singh, Aditya Krishna, Ms. Preet S. Phanse, Adarsh Dubey, Ms. Swati Ghildiyal, Ms. Devyani Bhatt, Sunny Choudhary, Abhimanyu Singh Ga, Shashank Shekhar, Santosh Krishnan, Girish Chowdhary, Ms. Sonam Anand, Shaik Mohammed Haneef, Ms. Deepshikha Sansanwal, Somesh Chandra Jha, Shreay Saini, Tarun Sharma, Ezaj . M Qureshi, Animesh Rajoriya, Ms. Hemantika Wahi, Ms. Jesal Wahi, Ms. Ranjitha Ramchandran, Rohit K. Singh, V. N. Raghupathy, A. Karthik, M/S. Vkc Law Offices, Varun K Chopra, Mehul Sharma, Ms. Arti Singh, Aakashdeep Singh Roda, Ms. Pooja Singh, B P Singh, Devendra Singh, Mrs. Priya Puri, Mrs. Arundhati Katju, Mrs. Smriti Sinha, Sharad Kumar Puri, Vishwa Deepak Singh, Mrs. Pinki Aggarwal, Ms. Parul Shrama, Ankur Sood, Gaurav Singh, Varun Agarwal, Vishrov Mukerjee, Pukhrambam Ramesh Kumar, Girik Bhalla, Damodar Solanki, Karun Sharma, Ms. Rajkumari Divyasana, S. S. Shroff, Mahesh Agarwal, Arshit Anand, Ms. Kamakshi Sehgal, E. C. Agrawala, Advs. for the Respondents. Petitioner-in-person Judgment / Order of the Supreme Court Judgment Dr Dhananjaya Y Chandrachud, CJI Table of Contents* A. The Great Indian Bustard.............................................. 3 B. The judgment dated 19 April 2021 and subsequent developments............................................................... 6 C. The mission to combat climate change...................... 12 I. India's commitment under international conventions.............................................................. 12 * Ed. Note: Pagination as per the original Judgment. 1326 [2024] 3 S.C.R. Digital Supreme Court Reports II. The right to a healthy environment and the right to be free from the adverse effects of climate change....................................................... 17 III. Importance of solar power as a source of renewable energy................................................... 26 IV. Climate change litigation in other jurisdictions. 31 D. The reasons for the modification of the judgement dated 19 April 2021........................................................ 34 1. The jurisdiction of this Court has been invoked for protecting the Great Indian Bustard1 and the Lesser Florican, both of whom are on the verge of extinction. Given the importance of the issue at hand, a brief background of various aspects which pertain to the matter are discussed below. A. The Great Indian Bustard 2. The GIB (the scientific name of which is ardeotis nigriceps) is native to southern and western India. It typically occupies grasslands or arid regions. The State of Rajasthan is home to a majority of the current population. With time, the country has seen a rapid and steady decline in the population of the GIB. As of 2018, the International Union for Conservation of Nature, or IUCN as it is popularly known, classified the GIB as a 'critically endangered' species. In IUCN's system of classification, only two categories indicate a graver threat to a particular species - 'extinct in the wild' and 'extinct'. The GIB has been classified as a critically endangered species from 2011 until the most recent assessment in 2018. From 1994 to 2008, it was classified as 'endangered' and in 1988, it was labelled 'threatened'. IUCN notes the justification for its classification of the GIB as a critically endangered species in the following terms:2 "This species is listed as Critically Endangered because it has an extremely small population that has undergone an extremely rapid decline owing to a multitude of threats including habitat loss and degradation, hunting and direct disturbance. It now requires an urgent acceleration in 1 "GIB" 2 IUCN Red List, 'Great Indian Bustard' [2024] 3 S.C.R. 1327 M K Ranjitsinh & Ors. v. Union of India & Ors. targeted conservation actions in order to prevent it from becoming functionally extinct within a few decades." 3. The Rajasthan government estimated that only about 125 GIBs were present in the year 20133 while IUCN placed the number of mature GIBs between 50 and 249.4 There are significant factors bearing upon the dwindling numbers and low rate of reproduction of the existing population of these species. Pollution, climate change, predators and competition with invasive species are among the many threats that exacerbate the challenges faced by these vulnerable species. The attrition of the existing population of these endangered birds has been partly attributed to overhead transmission lines. GIBs usually lay a single egg which has an incubation period of approximately one month. The GIBs nest on open ground or in cavities in the soil. Consequently, their eggs are also laid and incubated on the ground. The eggs are therefore at risk of being preyed upon by local predators including mongooses, monitor lizards, and other birds. Cows may also trample on or crush the eggs while grazing in the grasslands. The loss of habitat is also a serious concern. As humans have expanded their settlements and economic activities into the grasslands, the natural habitat of the GIB has diminished. The expansion of human population and accompanying activities has also resulted in the fragmentation of the GIB's habitat. The expansion of infrastructure such as roads, mining and farming activities have cumulatively contributed to the dangers faced by the avian species. 4. In the context of the dwindling population of GIBs and the existential threat looming over them, a writ petition invoking the constitutional jurisdiction under Article 32 - Writ Petition (Civil) No 838 of 2019 - was instituted for seeking directions relating to the conservation of the species. The petitioner inter alia sought that this Court: a. Issue directions to the respondents to urgently frame and implement an emergency response plan for the protection and recovery of the GIB, including directions for the installation of bird diverters, an immediate embargo on the sanction of new projects and the renewal of leases of existing projects, 3 Government of Rajasthan, Forest Department, 'Project Great Indian Bustard' 4 IUCN Red List (n 2). 1328 [2024] 3 S.C.R. Digital Supreme Court Reports dismantling power lines, wind turbines, and solar panels in and around critical habitats, installation of predatorproof enclosures in breeding habitats, implementation of a population control program for dogs, provision of no-grazing zones and restricted grazing zones in critical and semi-critical habitats, a prohibition on the use of insecticides and pesticides within a radius of 5 km of critical habitats and a prohibition on the encroachment of grasslands in and around critical and semi-critical habitats; b. Issue directions to the concerned respondents to submit a report on the status of the breeding centres at Jaisalmer, Sorsan, and Velavadar; c. Issue directions to the concerned respondents to take all measures necessary for the protection of grasslands including by ensuring that no remaining grasslands are classified as 'wastelands' and diverted to other uses, adopting a grasslands conservation policy, and adopting a national grazing policy; d. Issue directions to the Ministry of Defence (Respondent No. 2) to sensitise the armed forces about the need for conservation of the GIB and to collaborate with scientific bodies in conservation efforts; e. Appoint an Empowered Committee to oversee the implementation of the directions issued by the Court, to preserve and manage the endangered species and their habitats; and f. Issue a declaration that the two endangered birds constitute one meta population of the nation and that all state authorities are bound to cooperate and take all steps necessary to ensure their conservation and to implement the decisions of the Empowered Committee. B. The judgment dated 19 April 2021 and subsequent developments 5. In the order of this Court dated 19 April 2021, restrictions were imposed on the setting up of overhead transmission lines in a large swath of territory of about 99,000 square kilometres. These directions were in IA No 85618 of 2020 in Writ Petition (Civil) No 838 of 2019. In the operative directions, this Court, observed : [2024] 3 S.C.R. 1329 M K Ranjitsinh & Ors. v. Union of India & Ors. " 14. In the light of the contentions urged on this aspect of the matter, we are conscious that the laying of the underground power line more particularly of high-voltage though not impossible, would require technical evaluation on case-to-case basis and an omnibus conclusion cannot be reached laying down a uniform method and directions cannot be issued unmindful of the fact situation. Though that be the position the consensus shall be that all low voltage powerlines to be laid in the priority and potential habitats of GIB shall in all cases be laid underground in future. In respect of low voltage overhead powerlines existing presently in the priority and potential habitats of GIB, the same shall be converted into underground powerlines. In respect of high-voltage powerlines in the priority and potential habitats of GIB, more particularly the powerlines referred in the prayer column of I.A. No.85618/2020 and indicated in the operative portion of this order shall be converted into underground power line." 6. This Court appointed a committee for assessing the feasibility of laying high voltage underground power lines. In paragraph 18 of its order, this Court directed that in all cases where overhead power lines exist as on date in the priority and potential GIB areas, steps shall be taken to install bird diverters pending consideration of the conversion of overhead power lines into underground power lines. Moreover, the court directed that in all cases, where it is found feasible to convert the overhead lines to underground power lines, this shall be undertaken and completed within a year. 7. The order of this Court has been implemented by the Committee by granting case-specific sanctions to projects where undergrounding was found not to be possible. Respondent Nos 1, 3, and 4 (the Ministry of Environment, Forests, and Climate Change, the Ministry of Power, and the Ministry of New and Renewable Energy respectively) filed IA No 149293 of 2021 on 17 November 2021 for modification of the directions issued by the judgment of this Court dated 19 April 2021. The grounds on which modification was sought are indicated below in brief: a. The judgment has vast adverse implications for the power sector in India and energy transition away from fossil fuels; 1330 [2024] 3 S.C.R. Digital Supreme Court Reports b. Respondent No. 4 was not heard before passing the judgment; c. India has made International commitments including under the agreement signed in Paris in 2015 under the United Nations Framework Convention on Climate Change5 for transition to non-fossil fuels and for the reduction of emissions. The area in respect of which the directions were issued is much larger than the actual area in which the GIBs dwell. Moreover, that area contains a very large proportion of the solar and wind energy potential of the country; d. Undergrounding high voltage power lines is technically not possible; and e. The coal fired power which would be used to replace the untapped energy from renewable sources in the concerned area would cause pollution. 8. By an order dated 19 January 2024, this Court directed as follows: "1 (The) Attorney General for India states that a comprehensive status report will be filed before this Court indicating the way forward as proposed by the Union Government which would take into account both the need for preservation of the Great Indian Bustard which faces a danger of extinction and need to ensure the development of solar power keeping in mind India's commitments at the international level. 2 The Union of India shall place its status report on the record... 3 In the meantime, we direct (i) the Chief Secretaries of the States of Gujarat and Rajasthan; and (ii) the Committee appointed by this Court, to file updated status reports. ..." 9. In pursuance of this order, the Union of India has filed an additional affidavit and an updated, comprehensive status report. In the course of its affidavit, the Union of India has submitted that: 5 "UNFCCC" [2024] 3 S.C.R. 1331 M K Ranjitsinh & Ors. v. Union of India & Ors. a. The reduction in the population of GIBs began in the 1960s, much before the electrification of the area and the construction of transmission lines. Research indicates that the reasons for the dwindling population include a low birth rate, poaching, habitat destruction and predation. The use of insecticides and pesticides has resulted in the reduction of locusts and grasshoppers, which form an essential part of the prey of GIBs. The livestock population has also increased due to which there has been overgrazing in the pastures; b. The direction by this Court for laying high voltage, or as the case may be, low voltage lines underground is practically impossible to implement; c. The Union Government has a commitment at the international level to reduce India's carbon footprint and recourse to renewable sources of energy including solar installations provides the key to the implementation of these commitments; d. The Union of India as well as the concerned state governments are taking comprehensive steps for the conservation and protection of the endangered species of the GIB. They are: i. The GIB is listed in Part III of Schedule I of the Wild Life (Protection) Act 1972. The species listed in Schedule I are granted the highest level of protection from hunting, in terms of this statute; ii. Under the centrally sponsored scheme titled 'Development of Wildlife Habitats', financial and technical assistance is being provided to the state governments for the conservation of the habitat of the GIB; iii. The Forest departments of the states of Rajasthan, Maharashtra, and Gujarat, in collaboration with the Wildlife Institute of India,6 Dehradun, are carrying out conservation breeding with the aim of building a captive population of the species for release in the wild and promoting in-situ conservation of the species; 6 "WII" 1332 [2024] 3 S.C.R. Digital Supreme Court Reports iv. The Government of India has launched a program called the 'Habitat Improvement and Conservation Breeding of Great Indian Bustard' in 2016 for in-situ conservation of the GIB. It is being implemented in collaboration with the Government of Rajasthan; v. At present, conservation breeding facilities are operational at Sam and Ramdeora in Jaisalmer. A partial founder population of the GIB consisting of twenty-one individuals and seven chicks has been secured. The chicks were artificially hatched from eggs collected from the wild. Captive breeding has been commenced; vi. The conservation project is being supervised by a team of three scientists, three veterinarians, eighteen project associates, and forty local support staff; vii. The WII has entered into a Memorandum of Understanding with the International Fund for Houbara Conservation which is dedicated to the conservation of the Houbara Bustard. The MoU outlines various areas of collaboration including training of staff, technical support and advice, and the supply of bird cages and food pellets in the initial stages of the conservation program; and viii. A study of international efforts to conserve other species of bustards as well as other birds indicates that large swathes of land have not been closed off as a strategy of conservation. Instead, artificial insemination techniques have been used in concert with constructing enclosures in which chicks are nurtured until they are less vulnerable to predators. Such chicks are then released into the wild. This strategy has proved successful and the Government of India is replicating it with respect to the GIB. e. A blanket direction of the nature that has been imposed by this Court, besides not being feasible to implement, would also not result in achieving its stated purpose, i.e., the conservation of the GIB. 10. Prior to adjudicating the application for modification, it is necessary to briefly advert to India's obligations towards preventing climate change [2024] 3 S.C.R. 1333 M K Ranjitsinh & Ors. v. Union of India & Ors. and tackling its adverse effects. This will assist the Court to take a decision based upon a holistic view of competing considerations. C. The mission to combat climate change I. India's commitment under international conventions 11. India has made significant international commitments in its pursuit of global environmental conservation goals. India was a participant in the Kyoto Protocol, which came into force on February 16, 2005. This international agreement, linked to the UNFCCC, obligates its Parties to establish binding emission reduction targets. The Protocol allows countries to meet these targets through national measures and offers additional mechanisms such as International Emissions Trading, Clean Development Mechanism, and Joint Implementation. 12. The UNFCCC is founded on the recognition that climate change is a global issue demanding a collective global response.7 As greenhouse gas emissions originate from the territories of all nations and also impact all nations, it is imperative that all countries undertake measures to address this challenge. This fundamental premise is articulated in the preamble of the UNFCCC: "Acknowledging that the global nature of climate change calls for the widest possible cooperation by all countries and their participation in an effective and appropriate international response, in accordance with their common but differentiated responsibilities and respective capabilities and their social and economic conditions, ... Recalling also that States have ... the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction." 13. The primary objective of the UNFCCC is to stabilize greenhouse gas concentrations in the atmosphere to prevent dangerous humaninduced interference with the climate system, as articulated in Article 7 United Nations Framework Convention on Climate Change: resolution / adopted by the General Assembly (Adopted 20 January 1994). 1334 [2024] 3 S.C.R. Digital Supreme Court Reports 2.8 Article 3 elaborates on the principles guiding this objective. Notably, Article 3(1) underscores the responsibility of parties to protect the climate system for the benefit of present and future generations, based on equity and in line with their capabilities.9 Article 3(3) emphasizes the importance of precautionary measures to anticipate, prevent, or minimize the causes and adverse effects of climate change.10 14. At the 18th Conference of the Parties in Doha, Qatar in December 201211, States reaffirmed their commitment to addressing climate change and laid the groundwork for greater ambition and action. Among various decisions, they set a timetable to adopt a Universal Climate Agreement by 2015. The objective was to build consensus on a binding and universal agreement which would limit greenhouse gas emissions to levels that would prevent global temperatures from increasing more than 2 degrees Celsius (3.6 degrees F) above the temperature benchmark set before the Industrial revolution. The COP 21 meeting was convened in Paris in December 2015, where 196 countries, including India signed a new Climate Change Agreement on 12 December 2015.12 This is termed as the Paris Agreement.13 15. In the build-up to the Paris meeting, the UN had called upon parties to submit their plans on how they intended to reduce their greenhouse emissions. India submitted its Intended Nationally Determined Contribution (NDC) to the UNFCCC on October 2, 2015. The Paris Agreement mandates that each Party communicate a nationally determined contribution every five years. India communicated an update to its first NDC submitted earlier on 2 October 2015, for the period up to 2030. India's commitment under the Paris Agreement includes the following key features14: a. To achieve approximately 50 per cent cumulative electric power installed capacity from non-fossil fuel-based energy resources by 8 Ibid, art 2. 9 Ibid, art 3(1). 10 Ibid, art 3(3). 11 "The Doha Climate Gateway" 12 Conference of the Parties, Adoption of the Paris Agreement (Adopted 12 December 2015). U.N. Doc. FCCC/CP/2015/L.9/Rev/1. 13 "Paris Agreement" 14 See UNFCCC, India's Updated First Nationally Determined Contribution Under Paris Agreement (20212030). https://unfccc.int/sites/default/files/NDC/202208/India%20Updated%20First%20Nationally%20 Determined%20Contrib.pdf [2024] 3 S.C.R. 1335 M K Ranjitsinh & Ors. v. Union of India & Ors. 2030, with support from the transfer of technology and low-cost international finance, including from the Green Climate Fund; b. To enhance investments in development programs in sectors vulnerable to climate change, particularly agriculture, water resources, the Himalayan region, coastal areas, health, and disaster management, to better adapt to climate change impacts; and c. To establish domestic frameworks and international architectures for the rapid dissemination of cutting-edge climate technology in India and to engage in joint collaborative research and development for future climate technologies. As part of its pledge, India has committed to transitioning to nonfossil fuel sources and reducing emissions. 16. One of the key strategies in India's efforts towards sustainability is the ambitious target for renewable energy capacity installation. By 2022, India aimed to achieve an installed renewable energy capacity (excluding large hydro) of 175 GW (Gigawatts), a goal that signifies the country's commitment to clean energy adoption. Looking ahead, India has set an even more ambitious target for 2030, aiming to ramp up its installed renewable energy capacity to 450 GW. This long-term goal underscores India's recognition of the urgent need to accelerate the transition towards renewable energy to mitigate the impacts of climate change and achieve sustainable development. 17. To achieve these targets, India has implemented various policy measures and initiatives to promote renewable energy investment, innovation, and adoption. As highlighted in the Union's additional affidavit, India's commitment to transitioning to non-fossil fuels is not just a strategic energy goal but a fundamental necessity for environmental preservation. Investing in renewable energy not only addresses these urgent environmental concerns but also yields a plethora of socio-economic benefits. By shifting towards renewable energy sources, India enhances its energy security, reducing reliance on volatile fossil fuel markets and mitigating the risks associated with energy scarcity. Additionally, the adoption of renewable energy technologies helps in curbing air pollution, thereby improving public health and reducing healthcare costs. 1336 [2024] 3 S.C.R. Digital Supreme Court Reports 18. The promotion of renewable energy sources plays a crucial role in promoting social equity by ensuring access to clean and affordable energy for all segments of society, especially in rural and underserved areas. This contributes to poverty alleviation, enhances quality of life, and fosters inclusive growth and development across the nation. Therefore, transitioning to renewable energy is not just an environmental imperative but also a strategic investment in India's future prosperity, resilience, and sustainability. II. The right to a healthy environment and the right to be free from the adverse effects of climate change 19. India's efforts to combat climate change are manifold. Parliament has enacted the Wild Life (Protection)Act 1972, the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act 1986, the National Green Tribunal Act 2010, amongst others. In 2022, the Energy Conservation Act 2001 was amended to empower the Central Government to provide for a carbon credit trading scheme.15 The Electricity (Promoting Renewable Energy Through Green Energy Open Access) Rules 2022 were made in exercise of the powers under the Electricity Act 2003 to ensure access to and incentivise green energy. The executive wing of the government has implemented a host of projects over the years including the National Solar Mission (discussed in greater detail in the subsequent segment), the National Mission for Enhanced Energy Efficiency, the National Mission for a Green India, and the National Mission on Strategic Knowledge for Climate Change, amongst others. Despite governmental policy and rules and regulations recognising the adverse effects of climate change and seeking to combat it, there is no single or umbrella legislation in India which relates to climate change and the attendant concerns. However, this does not mean that the people of India do not have a right against the adverse effects of climate change. 20. Article 48A of the Constitution provides that the State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. Clause (g) of Article 51A stipulates that it shall be the duty of every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wild life, 15 Energy Conservation Act 2001, Section 14(w). [2024] 3 S.C.R. 1337 M K Ranjitsinh & Ors. v. Union of India & Ors. and to have compassion for living creatures. Although these are not justiciable provisions of the Constitution, they are indications that the Constitution recognises the importance of the natural world. The importance of the environment, as indicated by these provisions, becomes a right in other parts of the Constitution. Article 21 recognises the right to life and personal liberty while Article 14 indicates that all persons shall have equality before law and the equal protection of laws. These articles are important sources of the right to a clean environment and the right against the adverse effects of climate change. 21. In M.C. Mehta v. Kamal Nath,16 this Court held that Articles 48A and 51A(g) must be interpreted in light of Article 21: "8. .... These two articles have to be considered in the light of Article 21 of the Constitution which provides that no person shall be deprived of his life and liberty except in accordance with the procedure established by law. Any disturbance of the basic environment elements, namely air, water and soil, which are necessary for "life", would be hazardous to "life" within the meaning of Article 21 of the Constitution." 22. In Virender Gaur v. State of Haryana,17 this Court recognised the right to a clean environment in the following terms: "7. ... The State, in particular has duty in that behalf and to shed its extravagant unbridled sovereign power and to forge in its policy to maintain ecological balance and hygienic environment. Article 21 protects right to life as a fundamental right. Enjoyment of life and its attainment including their right to life with human dignity encompasses within its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. Any contra acts or actions would cause environmental pollution. Environmental, ecological, air, water, pollution, etc. should be regarded as amounting to violation of Article 16 [2000] Supp. 1 SCR 389 : (2000) 6 SCC 213 17 [1994] Supp. 6 SCR 78 : (1995) 2 SCC 577 1338 [2024] 3 S.C.R. Digital Supreme Court Reports 21. Therefore, hygienic environment is an integral facet of right to healthy life and it would be impossible to live with human dignity without a humane and healthy environment. Environmental protection, therefore, has now become a matter of grave concern for human existence. Promoting environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment.